CORPORATE IMMIGRATION LAW

In today's global economy, employers must increasingly hire and transfer employees on a worldwide basis. Our immigration attorneys counsel clients on the most reasonable avenues to pursue in light of the employer and employee circumstances, and the current legal framework, so employers can transfer their executives, managers and key employees, or hire new employees, where and when needed.

Murad & Murad, P.C.’s employment-based immigration practice is tailored to meet the needs of our domestic and international clients, including the acquisition of permanent residence (green cards) in the United States. In addition to immigrant visas, we have extensive experience assisting clients in acquiring a multitude of non-immigrant visas, including H 1B, L-1, E-1, E-2, and TN, among others. We handle cases from all 50 states and around the world.

The key areas in which we provide immigration-related services include:

Representing multinational companies in connection with the business
travel by, and international transfers of, their executives, managers and
specialized employees.

Representing foreign corporations of all sizes expanding or
relocating to the United States.

Coordinating the Labor Certification process and preparing immigrant
visa petitions for permanent residence in the United States.

Representing Canadian professionals seeking employment under the
immigration provisions of the North American Free Trade Agreement (NAFTA).

Training and advice on employer I-9 requirements, No-Match
regulations and other important immigration issues.

Advising individual foreign nationals with respect to a wide range
of immigration issues, including family-based immigration sponsorship.

Below is an overview of common visas, immigration concepts, and options for
U.S. businesses employing foreign nationals.

Common Work Authorizations Relating to Nonimmigrant Classification
Immigrant versus Nonimmigrant Classifications
“Sponsoring” An Alien for Employment in the United States
Visa Overview
Visas versus Status
Employment-Based Permanent Residence

Common Work Authorizations Relating to Nonimmigrant Classification:

CLASS	CLASSIFICATION DESCRIPTION	EMPLOYMENT ELIGIBILITY
B-1	Temporary Visitor for Business	Not eligible for employment, except servants of holders of B, E, F, H, I, J, L, NAFTA visas or a U. S. citizen residing in a foreign country and certain employees of airlines not eligible for E-1 status. Such servants must apply for employment authorization.
E-1	Treaty Trader and employees, spouse, and children.	Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment, except unmarried dependent children of E-1 employees of the Coordination Council for North American Affairs who may apply for employment authorization.
E-2	Treaty Investor and employees, spouse, and children.	Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment.
H-1B	Alien in Specialty Occupation (profession)	Employer-specific
H-2B	Temporary worker performing other services unavailable in the United States (petition filed on or after 06/01/87).	Employer-specific
J-1	Exchange Visitor	Employer-specific
L-1A	Intracompany Transferee (manager or executive)	Employer-specific
L-1B	Intracompany Transferee (specialized knowledge alien)	Employer-specific
TN	Canadian or Mexican NAFTA Professional	Employer-specific

Immigrant versus Nonimmigrant Classifications:

Immigrant: A foreign-born person who has been approved for lawful permanent residence in the United States. Immigrants have permanent, unrestricted eligibility for employment authorization.

Nonimmigrant: An alien who seeks temporary entry to the United States for a specific purpose. There are approximately thirty types of nonimmigrant classifications. A nonimmigrant alien typically must maintain a permanent residence abroad and must qualify for the requested visa classification. Furthermore, a nonimmigrant status may or may not permit employment.

“Sponsoring” An Alien for Employment in the United States:

There are many different nonimmigrant classifications and permanent residence options based on employment in the United States. In some cases, more than one alternative may apply. In other cases, only one classification is possible. In addition, there may be no classification that fits the employer’s circumstances or only the more lengthy “sponsorship” process for permanent residence may be possible.

Typically, the employment “sponsorship” process involves petitioning the USCIS for a determination of whether the job requirements and alien’s credentials match the requirements of the classification requested.

Visa Overview:

A visa is a travel document issued by a United States consulate abroad that allows the alien to whom it is issued to travel to the United States to apply for admission at a United States port of entry. Except for Canadian citizens who are visa exempt (with some exceptions), aliens with Border Crossing Cards and aliens traveling on the Visa Waiver Program, all aliens are expected to present valid visas not only for purposes of travel to the United States, but which comport with the classifications under which they seek admission to the United States for purposes of inspection by the Department of Homeland Security.

United States consular officers interview visa applicants to determine whether the alien is eligible for the particular classification and whether the alien is admissible. A key issue in visa issuance is whether the alien has established that he or she will comply with the terms of his or her admission. United States law distinguishes among nonimmigrant aliens who may have immigrant intent (i.e. to remain in the US permanently), those who must have nonimmigrant intent (i.e. to remain in the US temporarily for the purposes permitted under the admission classification), and those who may have dual intent (i.e. may seek admission for a temporary purpose while independently pursuing a related or unrelated purpose to remain in the United States permanently), determination of the intent of an alien seeking travel or admission to the United States is an important issue.

An alien in possession of a current, valid visa is not guaranteed admission to the United States by virtue of having been issued that visa. At a United States port of entry, the Department of Homeland Security will inspect the alien to determine admissibility and, if appropriate, admit the alien in a particular nonimmigrant category. The inspecting officer will also determine the period of authorized admission of the alien.

Visas versus Status:

The relationship between the visa’s period of validity and the alien’s status in the United States must be clearly understood. First, the visa serves as a travel document to allow the alien to whom it was issued to travel to the United States and apply for admission into the US. The alien must apply for admission to the United States during the validity period of the visa. The visa alone does not, however, confer any immigration status or employment authorization, and the validity of the visa does not relate whatsoever to the period of time the alien is authorized to remain in the United States. The expiration of the visa following the alien’s entry into the United States does not necessarily affect the alien’s authorized stay in the United States.

The period of authorized stay is indicated on the Form I-94 issued to the alien and is unrelated to the period during which a consular officer has authorized an alien to apply for admission to the United States under the classification indicated on the visa. The I-94 is issued at a United States port of entry following an interview by an immigration officer to determine whether the alien is eligible for admission in that particular nonimmigrant category.

The Form I-94 indicates the classification under which the alien is admitted and the period of authorized stay in the United States under that classification. Although the period of authorized stay is usually expressed with a beginning and ending date, for some nonimmigrants classifications the authorized period of stay may be expressed as “D/S,” meaning for duration of status.

Employment-Based Permanent Residence:

In 1990, Congress created a priority system for granting permanent residence to aliens based on employment skills. Currently, 140,000 immigration visas are available annually for principal aliens who qualify under the following five employment-based (“EB”) preference categories:

Preference Categories for Employment-Based Permanent Residence:

FIRST “EB-1” Priority Workers: 40,000 visas per year

Aliens of extraordinary ability in the sciences, arts, education, business, or athletics;
Outstanding professors or researchers; and
Certain managers and executives transferred to the United States to work for their foreign employer or a U.S. affiliate or subsidiary firm.

SECOND “EB-2” Advanced degree Professionals and Aliens of Exceptional Ability: 40,000 visas per year

Aliens of exceptional ability in the sciences, arts, or business.
Members of the professions, if they hold an advanced degree (or the equivalent).

THIRD “EB-3” Skilled Workers, Professionals and other Workers: 40,000 visas per year

Professionals with bachelor’s degrees (not qualifying for a higher preference category)
Skilled workers (minimum two years training and experience)
Unskilled workers (maximum 10,000 visas available per year, of which 5,000 have been dedicated to adjustees under the Nicaraguan Adjustment and Central American Relief Act.

FOURTH “EB-4” Special Immigrants – Religious Workers: 10,000 visas per year

This classification is comprised of all special immigrants, other than returning residents and former U.S. citizens who are eligible to become citizens. The religious worker subcategory is discussed below.

Religious workers include:

Ministers (those authorized to conduct worship services and perform other duties assigned to the clergy of the religion)
Religious workers in professional fields
Other religious workers.

Limit on admissions: Until September 30, 2008, up to 5,000 EB-4 immigrant visas may be made available each fiscal year to religious workers who are not ministers. Ministers are not subject to this limit. After September 30, 2008, religious workers other than ministers will no longer qualify as EB-4 immigrants. Ministers will still qualify after September 30, 2008.

Phone: 303-449-5535

CORPORATE IMMIGRATION LAW

Phone:
303-449-5535